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March 28, 1973 ST CATHARINES BUILDING: Mr Sauve discussed the background and considerations in the construction of our St Catharines building. ... Mr Bignucolo indicated that all factors had been taken into consideration including an allowance for increased labour costs. ... Such a prerequisite (the Company’s business rather than its investment needs), in my view, deserves consideration as the “principal purpose” under these circumstances. ...

By letter dated December 12, 1972, the beneficiaries of the Will, described in paragraph 3 herein, jointly offered to purchase from the trustee the estate’s shares in Commercial Steel & Metals Ltd and the debt of Commercial Steel & Metals Ltd to S Berman Corporation for a cash consideration of $25,100, and by letter of January 3, 1973, the Trustee accepted this offer. 7. ... On October 26, 1972, Mr Dodd, Estate’s officer, wrote to Mr Osten, the S Berman Corporation’s lawyer, to the effect that if the Company “S Berman Corporation” received $37,560.74 cash as payment, Canada Trust as Executors of the Samuel Berman Estate would transfer the shares of Commercial Steel & Metals Ltd for a consideration of $1. ... (The debt and promissory note are to be assigned to the undersigned, or their nominee for a cash consideration of $25,100 payable against delivery of the endorsed note.) ...

So if we take into consideration that she needed financial assistance and that such assistance, to my mind, I was quite prepared to give her, because there is, when you’ve lived with a person for a number of years, that person is no longer a stranger and they don’t have only faults, they also have good qualities, and taking all these circumstances into consideration, well, I was prepared to help her supplement her income until 1981. ... His Lordship said at page 5219: I agree that these documents which were prepared contemporaneously and relate to the same transaction should be read together; but, so reading them, it appears that the agreement between the parties was not that the husband should pay his wife a periodic allowance for maintenance and that his agreement to do so should be collaterally secured by a second mortgage; it was rather a release by her of all her claims for an allowance and the giving by her (in paragraph 4 of the agreement) of an irrevocable power of attorney to bar her dower in her husband’s lands in exchange for a single consideration, the giving of the mortgage for $45,000. ...

It charged fees to such operators as consideration for entering into the franchise agreements. ... Paragraphs 1 and 2 of the agreement read: (1) The Company hereby grants to the operator, in consideration of the payment set out in Schedule “A” hereof, for a period of ten (10) years or for as long as the operator shall fully and faithfully perform all of the covenants, terms and conditions herein contained by the operator to be performed, the exclusive right and license: (a) To operate a food take-out store at a location identified in schedule “B” hereof; (b) To use, in the conduct of the operator’s business hereunder, the Company’s distinctive labels, designs, cartons, containers, and any advertising matter pertaining to the business or the product used or sold therein and to display the name “Dixie Lee” upon the premises, equipment, stationery and advertising matter used in convention with the sale of products at the take-out store. ... In any event I am not persuaded on the evidence that the appellant was, following the opening of the franchisee’s store, under any obligation to the franchisee to supply goods or perform services for which the franchise fee was consideration. ...

Bevanewil received $23,750 as consideration for granting the aforesaid option and extensions thereof which were not exercised. ... Nevertheless, it does rest with the appellant to clearly dispel from the Minister’s mind that even such a residual consideration formed a serious part of the acquisition decision. ... However, for these appeals to succeed the evidence must support a conclusion that such a prospect was a major or the sole consideration motivating the acquisition of the shares in question. ...

This exhibit reads as follows: It is agreed between Tranter, inc and WT T Harvey, herein called the Optionee, that all options for purchase of Tranter Stock by the Optionee, whether now exercisable or not, shall be surrendered to Tranter, inc, in consideration of the payment by Tranter to the Optionee, of $38 per share of such Stock, less any purchase price which would be payable thereon. ... Sincerely, (Signed) John JHF/sn J H Flewelling Enclosures Vice President-Finance/Secretary Document In consideration of the sum of Twenty five thousand five hundred and 00/100 dollars ($25,500), receipt of which is hereby acknowledged, I surrender to Tranter, inc all of my options to purchase stock of Tranter, inc. ... (b) If the employee has transferred or otherwise disposed of rights under the agreement in respect of some or all of the shares to a person with whom he was dealing at arm’s length, a benefit equal to the value of the consideration for the disposition shall be deemed to have been received by the employee by virtue of his employment in the taxation year in which he made the disposition. ...

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of $1 and other good and valuable consideration (the receipt whereof is hereby acknowledged), the parties hereto hereby agree as follows: 1. ... Further, the testimony of the witness indicated that before he had his meeting with the President (between September 16 and September 28), the best he could hope for from United was an amount equivalent to six months’ salary, but there was no consideration for the use of the automobile or for the continuity of the personal mortgage, which had been part of his contract of employment. ...

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants of the parties hereto and hereinafter set forth IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. ... The Purchaser covenants and agrees to pay to the Vendor as consideration for the said sale the sum of $1,352,500 being the sum of $52,000 for the said land, $1,255,500 for the said building and $45,000 for the said equipment as set forth in the said Schedule “A” hereto. ... (l) It is further agreed that I, the undersigned Purchaser, in consideration of the Vendor conveying the title to the said property to me before the purchase price and/or contract price has been paid, do hereby irrevocably nominate, constitute and appoint JOSEPH A REMAI my true and lawful attorney in my name, place and stead to do, perform and execute all acts, deeds, matters and things including, without restricting the generality of the foregoing, to receive, negotiate and endorse all cheques issued or to be issued by CMHC payable to me or to me and to any other person, firm or corporation as shall be requisite or by the attorney deemed expedient and necessary to fully secure payment to the Vendor of all money payable or to become payable on account of said mortgage ratifying and confirming and agreeing to ratify and confirm all and whatsoever our attorney shall do or cause to be done by virtue hereby and I do hereby order the solicitors acting for CMHC to deliver the said cheques to the Vendor. 9. ...

The appellant maintains that this amount is the consideration for the sale of his share in the said partnership, thus giving rise to a capital gain. 2. ... This undistributed amount is undoubtedly a significant factor for the purpose of computing each partner’s share in the partnership, and this is before giving any consideration to the other assets. ... The above considerations do not lead the Board to the conclusion that the notice of assessment issued on June 1, 1977 should be upheld. ...

(c) the fact that the expropriation tribunal took the quantity of material in the pit into consideration to reach a valuation of $38,400? ... Thomas William Mouat v MNR, 32 Tax ABC 269; 63 DTC 548. 4.4 Having examined all the above mentioned cases (most of which concern use or production (paragraph 3(1)(f) of the Income War Tax Act, 6(1)(j) of the former Act and 12(1)(g) of the new Act) (and also other cases (concerning, inter alia, capital gains), the Board is of the opinion that the following facts must be taken into consideration. ... (c) Since facts (a) and (b) above must be taken into consideration, the Board has no alternative but to conclude that at the very least this was an adventure in nature of the trade. ...